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Home My WebLink AboutOrdinance 8433~ y. ORDINANCE NO 4'~ 3 AN ORDINANCE AMENDING CHAPTER 29A ( POLICE ) OF THE CODE OF THE CITY OF FORT WORTH ( 1964) AS AMENDED, BY REDESIGNATING ARTICLE I ( IN "GENERAL ) SECTIONS 29A-1 29A-2 AND 29A-3 THEREOF AS ARTICLE III ('MISCELLANEOUS PROVISIONS ) SECTIONS 29A-12 29A-13 AND 29A-14 SUB- STITUTING A NEW ARTICLE I ( POLICE DEPARTMENT ) SEC- TIONS 29A-1 29A-2 AND 29A-3 ESTABLISHING A POLICE DEPARTMENT AND ITS FUNCTIONS PROVIDING FOR A CHIEF OF POLICE AND HIS POWERS DUTIES AND RESPONSIBILITIES AND PROVIDING FOR THE SELECTION OF POLICE PERSONNEL AND THEIR INVESTITURE WITH COMMISSIONS AS PEACE OFFICERS REPEALING ALL ORDINANCES AND PROVISIONS OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES NOT IN CON- FLICT PROVIDING A SEVERABILITY CLAUSE AND NAMING AN EFFECTIVE DATE WHEREAS on April 4 1981 a majority of the electorate of the City of Fort Worth voting in a Charter Amendment election found and determined that the provisions of Chapter XI Department of Police of the Charter of the City of Fort Worth should be repealed and a new chapter substituted therefor to read as follows As provided in Section 1 of Chapter VIII the City Council shall provide by ordinance for the establish- ment and regulation of a Department of Police NOW THEREFORE, BE IT ORDAINED B Y THE CIT Y COUNCIL OF THE CITY OF FORT WORTH TEXAS SECTION 1 That Article I ( In General ) Sections 29A-1 29A-2 and 29A-3 of Chapter 29A ( Police ) of the Code of the City of Fort Worth (1964) as amended be and the same are hereby redesignated as Article III ('Miscellaneous Provisions ) Sections 29A-12 29A-13 and 29A-14 respectively SECTION 2 That a new Article I to Chapter 29A ( Police ) of the Code of the City of Fort Worth (1964) as amended be and the same is hereby established which new Article I shall read and be as follows a`~ ARTICLE I POLICE DEPARTMENT Sec 29A-1 Established A Police Department is hereby established, charged with maintaining peace and order in the community and protecting the citizens of Fort Worth The Department shall provide continuous patrol services respond to citizens calls for assis- tance investigate criminal offenses apprehend offenders provide traffic enforcement and enforce all Municipal Ordinances and laws state and federal with whose enforcement it is charged Sec 29A-2 Office of the Chief of Police The Police Department shall be administered by the Office of the Chief of Police who shall be designated by the City Manager The Office of the Chief of Police shall be responsible for the proper administration and operations of the Police Department, subject to the supervision of the City Manager and subject to all regulations policies and ordinances of the City of Fort Worth and he shall promulgate all rules regulations and orders for the governing of the Police Department The Chief of Police shall have the exclusive right to discipline any of the officers or employees of the department in accordance with State Civil Service law City Rules and Regulations Police Department General and Interim Orders and the Police Department Code of Conduct In case of the disability of the Chief of Police by reason of sickness absence from the City or other cause the City Manager shall designate one of the Deputy Chiefs or Captains within the Police Department to act as Chief of Police during such disability and the officer so designated shall serve without additional compensation Sec 29A-3 Members to be selected in accordance with civil service regulations exception as to chief appointment of additional patrolmen and officers for temporary service in case of riot etc warrant of appointment to be issued all members oath and bond of members The members of the Police Department other than the Chief of Police shall be selected from a list of eligibles prepared by the Civil Service Commission and in accordance with such rules and regulations as the said Civil Service Commission may prescribe provided, that in case of riot or emergency the City Manager or the Chief of Police may appoint additional patrolmen and officers for temporary service who need not be in the classified service Each member of the Department of Police both rank and file shall have issued to him a warrant of appointment signed by the City Manager and the Police Chief in which the date of his appoint- ment shall be stated and such shall be his commis- sion Each member of the Department of Police shall, before entering upon his duties subscribe to an oath that he will faithfully without fear or favor perform -2- the duties of his office and such oath shall be filed and preserved with the records of the said department and shall in addition execute the necessary bond required by the City Council which shall also be filed and preserved with the records of said department Sec 29A-4 Written authority required to act as special police or special detective No person except as otherwise provided by gene- ral law or ordinance, shall act as special police or special detective except upon written authority from the City Manager Such authority when conferred shall be exercised only under the direction and control of the Chief of Police and for the time specified in the appointment Sec 29A-5 Powers and duties of officers general- ly City jail under control of Chief of Police The officers constituting the Department of Police of the City of Fort Worth shall be and they are hereby invested with all the power and authority given to them as peace officers under the laws of the State of Texas in taking cognizance of and in enforcing the criminal laws of the State and the ordinances and regu- lation of the City within the limits of the City and it shall be the duty of each such officer to use his best endeavors to prevent the commission within the City of offenses against the laws of said State and against the ordinances and regulation of said City to observe and enforce all such laws ordinances and regu- lations to detect and arrest offenders against the same to preserve the good order of the City and to secure the inhabitants thereof from violence, and the property therein from injury Such policemen shall have no power or authority in civil matters but shall exe- cute any criminal warrant or warrant of arrest that may be placed in their hands by the duly constituted authorities of the City Such policeman shall receive only such compensation as is determined by the City Council in accordance with all state and local enact- ments controlling the same However this provision shall not prevent a member of the Police Department from accepting an award from a non-profit police award foundation Subject to the direction of the City Manager the Chief of Police shall have control and management of the City jail so long as the City operates a jail SECTION 3 This ordinance shall repeal every prior ordinance and provisions of the Fort Worth City Code in conflict herewith but only insofar as any portion of such prior ordinance or provision -3- shall be in conflict and as to all other ordinances or provisions of the Fort worth City Code not in direct conflict herewith, this ordinance shall be and is hereby made cumulative SECTION 4 It is hereby declared to be the intention of the City Council that the sections paragraphs sentences clauses and phrases of this ordinance are severable, and if any phrase clause, sentence paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction such unconstitutionality shall not affect any of the remaining phrases clauses sentences paragraphs and sections of this ordinance since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause sentence paragraph or section SECTION 5 That this ordinance shall be in full force and effect from and after the date of its passage and it is so ordained APPROVED AS TO FO~'I AND LEGALITY City Attorney Effective Date ~ 9 -4- ..:-~-- City o~' fort worth, texas • .~ J1~fayor and Councal Com.muxa.acatzon DATE REFERENCE SUBJECT /AGE NUMBER ** _ Ordinance for Police Department lor~_ Background On April 4, 1981, a majority of the qualified voters who participated in the City of Fort Worth Charter Amendment Election voted to amend the City Charter by repealing Chapter XI, Department of Police, and substituting for it a new chapter to read as follows As provided in Section 1 of Chapter VIII, the City Council shall pro- vide by ordinance for the establishment and regulation of a Department of Police Accordingly it is necessary that an ordinance be adopted providing for the establishment and regulation of the Police Department Recommendation It is recommended that the City Council adopt the attached ordinance establish- ing and regulating the Police Department PCI im APPROVED N~1t_ CITY COU • ~~ Ci ecxeta Y ~~~A C of Foxk W®xk4~+ ADOPTED ORDINANCE NO ~~ ~~ SUOMITTED FOR THE ~_ ~- CITY MANAGERS ,°/-+~--- ' ~ DISrOSIT10N tY COUNCIL: Q AP-ROVEO -ROCESSEO BY a7FFICE BY: %[ ! '/ _ ~ ~ ~ . a ~ ~ c. • " ~_ ORIGINATING , p OTHER (OESCRt~G DEPARTMENT MEAD: Pahl C Isham CITY fECRETARY FOR ADDITIONAL INFORMATION CONTACT H F HO kips Ext 6410 OATE